By John Wiblin This blog—the last in a series focussed on inhibitors to the settlement of disputes—explores confirmation bias: a leading reason why parties take losing cases to trial and a phenomenon that is widely recognised by psychologists. According to psychologist Daniel Kahneman, our brains have two types of mental processes.  Our   ‘System 1’ process [...]

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DUTY OF GOOD FAITH IN COMMERCIAL CONTRACTS

by Kara Young on August 5, 2014

By Craig Harrison and Fasil Hussain The doctrine of ‘good faith’ is recognised in most civil law systems across Europe and in many US states. English law on the other hand, has not generally recognised an implied duty that contracting parties should perform their obligations in good faith. Traditionally, English courts have taken the view [...]

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Striking a balance: court makes decision in business lease renewal dispute

July 31, 2014

By Amy Ferraby-Green The average length of a commercial lease has fallen in the last 10 years. The British Property Federation (BPF) has found that the average length for a commercial lease was 7.8 years in 2003 but only 5.8 years long in 2013. And less than 6% of commercial leases granted in 2013 were [...]

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Forwards not just backwards: protecting your business with injunctions and search orders

July 29, 2014

By Richard Hull When a business has lost money as a result of something unlawful that someone else has done, business people think about suing to recover the amount they have lost so that the loss can be made good. But what about preventing ongoing loss and future loss?  It can be a mistake only [...]

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Severe obesity can be a disability

July 23, 2014

By Emma Mursell The Advocate General (AG) of the European Court has concluded that it is unlawful to discriminate against someone on the grounds of obesity where it has reached such a degree that it hinders participation in professional life.  If the obesity is severe enough to have an impact on factors such as mobility, endurance, or mood for example, it [...]

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LEGAL COMPLIANCE ISSUES FOR WEBSITES

July 16, 2014

By Craig Harrison According to the Office of National Statistics, 36 million adults (73% of the adult population) in Great Britain accessed the internet every day during 2013. With the internet now being a customary part of everyday life it is vital for companies to ensure their websites comply with all legal and regulatory requirements. [...]

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